Article 53 — Marketing communications

Financial servicesLevel 1RegulationMiCAStage: AdoptedVerifiedOfficial source

1.Marketing communications relating to an offer to the public of an e-money token, or to the admission to trading of such e-money token, shall comply with all the following requirements:

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53(1)(a)

(a)the marketing communications are clearly identifiable as such;

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53(1)(b)

(b)the information in the marketing communications is fair, clear and not misleading;

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53(1)(c)

(c)the information in the marketing communications is consistent with the information in the crypto-asset white paper;

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53(1)(d)

(d)the marketing communications clearly state that a crypto-asset white paper has been published and clearly indicate the address of the website of the issuer of the e-money token, as well as a telephone number and an email address to contact the issuer.

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53(2)

2.Marketing communications shall contain a clear and unambiguous statement that the holders of the e-money token have a right of redemption against the issuer at any time and at par value.

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53(3)

3.Marketing communications and any modifications thereto shall be published on the issuer’s website.

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53(4)

4.Competent authorities shall not require prior approval of marketing communications before their publication.

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53(5)

5.Marketing communications shall be notified to the competent authorities upon request.

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53(6)

6.No marketing communications shall be disseminated prior to the publication of the crypto-asset white paper. Such restriction does not affect the ability of the issuer of the e-money token to conduct market soundings.

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